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Private International Law Aspects of Corporate Social Responsibility

Private International Law Aspects of Corporate Social Responsibility
Author: Catherine Kessedjian
Publisher: Springer Nature
Total Pages: 697
Release: 2020-03-06
Genre: Law
ISBN: 3030351874

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This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.


The Role of Private International Law in Corporate Social Responsibility

The Role of Private International Law in Corporate Social Responsibility
Author: Geert van Calster
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

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This contribution firstly reviews developments in the EU and in the United States on corporate social responsibility and conflict of laws. It concludes with reference to some related themes, in particular on the piercing of the corporate veil and with some remarks on compliance strategy, and compliance reality, for corporations.


Multinationals and Corporate Social Responsibility

Multinationals and Corporate Social Responsibility
Author: Jennifer A. Zerk
Publisher: Cambridge University Press
Total Pages: 14
Release: 2006-11-09
Genre: Law
ISBN: 1139459856

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The 'corporate social responsibility' ('CSR') movement has been described as one of the most important social movements of our time. This book looks at what the CSR movement means for multinationals, for states and for international law. International law is often criticized for being too 'state-centred', and ill-equipped to deal with the challenges of globalization. However, drawing from many and varied examples of state, NGO and corporate practice, this 2006 book argues that, while international law has its limitations, it presents more opportunities for the CSR regulation of multinationals than many people assume. The main obstacles to better regulation are, therefore, not legal, but political.


Corporate Social Responsibility, Private Law and Global Supply Chains

Corporate Social Responsibility, Private Law and Global Supply Chains
Author: Andreas Rühmkorf
Publisher: Edward Elgar Publishing
Total Pages: 228
Release: 2015-07-31
Genre: Law
ISBN: 1783477504

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Current debate surrounding social responsibility has neglected to fully comprehend the important role of national private law in achieving socially responsible conduct in business.


Private International Law of Corporations

Private International Law of Corporations
Author: Dr. Maria Kaurakova
Publisher: Spiramus Press Ltd
Total Pages: 168
Release: 2017-11-10
Genre: Law
ISBN: 191015167X

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This book is about the theory of corporations as subjects of private international law. It aims to show the true extent and depth of legal and jurisdictional problems that states commonly face now, dealing with allocation of cross-border corporate relations and other relations closely connected with them in the appropriate system of law and jurisdiction. This work rests on the idea that in the united but diverse and contradictory world founded upon eternal laws, law should be characterized by the same qualities. The main end of private international law should be to support these qualities of the world and law bringing order to it. This book is a manual for jurists, practitioners of law and academics, who need research covering specific legal and jurisdictional issues in a corporate sphere and probes the issue of the place of private international law of corporations in national systems of law, when viewed through institutional, scientific, practical, strategic and economic dimensions. This book examines the issues concerned with allocation of cross-border corporate relations and other relations closely connected with them in the appropriate system of law and jurisdiction resting on the idea of distinct public policy with inherent public interest. It provides a careful study of institutional, scientific, practical, strategic and economic aspects of private international law of corporations as it was, is and ought to be. This is to show what was done, what we have at present and what needs to be done in this specific area in a manner suggesting a simple and concise reasoning within the confines of scientific, systematic and historical treatment of the issue in study.


International Corporate Social Responsibility

International Corporate Social Responsibility
Author: Ramon Mullerat
Publisher: Kluwer Law International B.V.
Total Pages: 538
Release: 2010-01-01
Genre: Business & Economics
ISBN: 9041125906

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"At present, Corporate Social Responsibility (CSR) for some may not be more than an attitude. Can it be more? What degree of commitment can we reasonably expect of corporations in the struggle to eradicate poverty, promote human rights, halt climate change and reverse ongoingenvironmental destruction? It is not a question of power; more than half of the worlds top 100 economies are corporations, not nation-states. Whatever can be done to "fix" the world's problems, corporations are in the best position to do [it]."--Back cover.


Corporations in Private International Law

Corporations in Private International Law
Author: Stephan Rammeloo
Publisher: Oxford University Press, USA
Total Pages: 404
Release: 2001
Genre: Business & Economics
ISBN: 9780198299257

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This text provides discussion of the principle of freedom of establishment and focuses on the key issue of determining where a corporation has its 'seat' for legal purposes.


Corporate Social Responsibility – Sustainable Business

Corporate Social Responsibility – Sustainable Business
Author: Rae Lindsay
Publisher: Kluwer Law International B.V.
Total Pages: 620
Release: 2020-06-17
Genre: Law
ISBN: 9403522305

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In a dramatic departure from its voluntary origins, corporate social responsibility (CSR) is rapidly shifting to hold multinational companies accountable for more than traditional shareholder performance. This CSR movement is embracing new environmental, social and governance (ESG) frameworks that both promote global sustainability goals and enhance accountability for negative impacts businesses can have on ‘planet and people’. This collection of essays by leading businesspeople, international civil servants, legal practitioners, academics, and other experts offers a forward-looking and pragmatic perspective that illuminates the major themes in this movement towards increasingly sustainable, transparent and accountable business practices. The collection shows how CSR has evolved to account for societal pressures, environmental, climate change and human rights impacts, international policy imperatives and the practical challenges of regulating commercial activity that transcends borders. The chapters offer an in-depth examination of current issues including: international frameworks and multistakeholder initiatives catalysing foundational change; the shifting emphasis on corporate imperatives to avoid harm to third parties; trends in CSR, focused on assuring the planet's future sustainability and social stability; regulatory initiatives around the globe, including Europe, North America, Asia and Africa; and extended accountability for activities of corporate group members and supply chains. The pressure and business case for companies to incorporate CSR into corporate governance is intensifying with each quarter, shareholder meeting, and regulatory agenda. The integration of CSR and new ESG frameworks into multinational corporate strategy and operations is key to sustainable business models that can generate long-term value for the organization and all stakeholders. Their acceptance as cornerstones of 21st century business practice appears inevitable. Taking full account of the imperative for companies and their lawyers to grapple with the practical and legal challenges in this area, this volume is an invaluable and pragmatic addition to the practitioners’ toolbox at this important juncture in an ever-more dynamic field.


Private International Law and Global Governance

Private International Law and Global Governance
Author: Horatia Muir Watt
Publisher:
Total Pages: 401
Release: 2014
Genre: Law
ISBN: 0198727623

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Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.